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Terms of use

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

1.

General

1.1

These Terms of Use (the “Terms”) comprise a legal binding contract between you and Arambla Group LLC, (“we” “us” and/or “Arambla”) and sets forth the terms and conditions governing your access and use of Arambla’s products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by Arambla under a separate written agreement).

1.2

You acknowledge and agree that, acceptance of the Terms by you indicating that you have read, understand and agree to be bound by these Terms.

2.

Acceptance of terms

2.1

In order to use the Services, you must first accept the Terms. You may not use the Services if you do not accept the Terms.

2.2

You can accept the Terms by:

a)

clicking to accept or agree to the Terms, where this option is made available to you by Arambla in the user interface for any Service; or

b)

by actually using the Services. In this case, you understand and agree that Arambla will treat your use of the Services as acceptance of the Terms from that point onwards.

2.3

You may not use the Services and may not accept the Terms if

a)

you are not of legal age to form a binding contract with Arambla, or

b)

you are a person barred from receiving the Services under the laws of Estonia or other countries including the country in which you are resident or from which you use the Services.

2.4

If you agree to these Terms on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms and your agreement to these Terms will be treated as the agreement of the business. In that event, “you” and “your” will refer and apply to that business.

3.

Amendments

3.1

We reserve the right, at our sole discretion, to amend, change, modify or otherwise alter these Terms at any time, with or without notice to you. Unless otherwise indicated, amendments shall become effective immediately, upon making by us a new copy of the Terms available at http://gbr.arambla.com/lv/info/legal/terms-of-use. You must review these Terms on a regular basis to keep yourself apprised of any changes.

3.2

You understand and agree that if you use the Services after the date on which the Terms have changed, Arambla will treat your use as acceptance of the revised Terms.

4.

Translations

4.1

Where Arambla has provided you with a translation of the Estonian language version of these Terms, the Privacy Policy, and/or any other documentation, you agree that the translation is provided for your convenience only and that the Estonian language versions of these Terms, the Privacy Policy, and any other documentation will govern your relationship with Arambla.

4.2

If there is any contradiction between what the Estonian language version of the Terms says and what a translation says, then the Estonian language version shall take precedence.

5.

Provision of the Services

5.1

Arambla reserves the right at its sole discretion to modify or discontinue, temporarily or permanently, the Services (or any features within the Services) at anytime, with or without notice.

6.

Use of the Services

6.1

In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Arambla will always be accurate, correct and up to date.

6.2

You agree to use the Services only for purposes that are permitted by the Terms and any applicable law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction.

6.3

You agree not to access or attempt to access the Services by any means other than the interface provided by Arambla or circumvent any access or use restrictions put into place to prevent certain uses of the Services.

6.4

You agree that you are solely responsible for (and that Arambla has no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which Arambla may suffer) of any such breach.

7.

Password and account security

7.1

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

7.2

Accordingly, you agree that you will be solely responsible to Arambla for all activities that occur under your account.

7.3

If you become aware of any unauthorized use of your password or of your account, you agree to notify Arambla immediately.

You understand that all information, including but not limited to, postings, messages, text, files, images, photos, video, sounds, or other materials (collectively “Content”) which you may have access to as a part of, or though your use of, the Services are the sole responsibility of the person from which such Content originated.

9.2

You understand that by using the Services, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable and that, in this respect, you use the Services at your own risk.

9.3

You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

9.4

Arambla reserves the right (but not the obligation) in its sole discretion to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service at any time, for any reason, or for no reason at all, with or without notice.

10.

Third party content

10.1

The Service may include hyperlinks to other websites or content or resources, which are completely independent of Arambla. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.

10.2

You acknowledge and agree that Arambla is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

11.

Appropriate conduct and prohibited uses

11.1

You agree that you, not Arambla, shall be entirely responsible for all of your Content (“Your Content”) that you distribute, perform, display, upload, post, email, transmit or otherwise make available on, through or in connection with the Services (“Make Available”), whether publicly posted or privately transmitted.

11.2

You agree not to use, or to encourage or permit others to use, the Services to Make Available any Content:

that is pornographic or depicts a human being engaged in actual sexual conduct;

d)

that impersonates any person or entity, including, but not limited to, a Arambla employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures);

e)

that includes personal or identifying information about another person without that person's explicit consent;

f)

that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";

g)

that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to Make Available under any law or under contractual or fiduciary relationships;

that constitutes or contains any form of advertising or solicitation if: posted in areas of the Arambla sites which are not designated for such purposes; or emailed to Arambla users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests;

j)

that includes links to commercial services or web sites, except as allowed in "services";

k)

that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Estonian lawl;

l)

that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

m)

that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or

n)

that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

11.3

Additionally, you agree not to use, or to encourage or permit others to use, the Services to:

a)

contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;

b)

"stalk" or otherwise harass anyone;

c)

collect personal data about other users for commercial or unlawful purposes;

d)

use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by Arambla;

e)

post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

f)

attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service; or

g)

use any form of automated device or computer program that enables the submission of postings on Arambla without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

12.

Use of Your Content

12.1

Arambla does not claim any ownership rights of your Content you Make Available and after Making Available Your Content, you continue to retain any such rights that you may have in your Content.

12.2

By Making Content Available you grant Arambla non-exclusive (meaning you are free to license your Content to anyone else in addition to Arambla), fully-paid and royalty-free (meaning that Arambla is not required to pay you or anyone else deriving rights from you for the use on the Services of the Content that you post), sublicensable (so that Arambla is able to use its affiliates, subcontractors and other partners to provide the Services), and worldwide (because the Internet and the Services are global in reach) license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on, through or in connection with the Services, distributing part or all of the Services and any Content included therein, in any media formats now known or later developed and through any media channels, except that Content marked “private” will not be distributed by Arambla outside the Services.

12.3

You affirm, represent and warrant that you own the Content you Make Available, or otherwise have the all the rights, power and authority necessary to grant the above license (set forth in this Section 12).

13.

Service license

13.1

Arambla grants you personal, worldwide, royalty-free, non-assignable and non-exclusive license to access and make personal use the Services provided to you by Arambla. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Arambla. This license does not include any resale or commercial use of Services or their contents.

13.2

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Services.

13.3

You may not assign your rights to use the services, grant a security interest in or over your rights to use the Services, unless Arambla has given you specific written permission to do so.

14.

Termination

14.1

The Terms will continue to apply until terminated by either you or Arambla as set out below.

14.2

If you want to terminate your legal agreement with Arambla, you may do so by:

a)

notifying Arambla at any time, while your notice should be sent, in writing, to Arambla’s address which is set out at the beginning of these Terms and

b)

closing your accounts for all of the Services which you use, where Arambla has made this option available to you.

14.3

Without limiting the rights or remedies available to Arambla, we may at any time terminate this legal agreement with you with or without reason or notice to you. Reasons for such termination may include but are not limited to:

a)

Arambla suspects that you have failed to comply with any provision of these Terms of Use or any policies or rules established by Arambla;

b)

Arambla suspects that your actions may be illegal or cause liability, harm or disruption for you, Arambla, other users or the Services;

c)

Arambla is required to do so by law; or

d)

Arambla ceases to offer the Site or Services.

14.4

When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Arambla have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 19.2 shall continue to apply to such rights, obligations and liabilities indefinitely.

15.

Disclaimer of warranties

15.1

NOTHING IN THESE TERMS, INCLUDING SECTIONS 15 AND 16, SHALL EXCLUDE OR LIMIT ARAMBLA’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

15.2

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS.

15.3

YOU ACKNOWLEDGE AND AGREE, THAT ALL TRADABLE ITEM RELATED INFORMATION IS THE SOLE RESPONSIBILITY OF THE PERSON FROM WHICH SUCH INFORMATION ORIGINATED AND THAT ARABMLA DOES NOT WARRANT OR GUARANTEE THE COMPLETENESS OR ACCURACY OF SUCH INFORMATION, INCLUDING BUT NOT LIMITED TO PHYSICAL POSSESSION OF THE ITEMS AND CANNOT BE RESPONSIBLE FOR SHIPPING OR PHYSICAL EXCHANGE.

15.4

IN PARTICULAR, ARAMBLA, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

a)

YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,

b)

YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR- FREE,

c)

ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE, RELIABLE OR OTHERWISE MEET YOUR EXPECTATIONS OR REQUIREMENTS AND

d)

THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

15.5

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

15.6

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ARAMBLA OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

15.7

ARAMBLA FURTHER EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS.

16.

Limitation of liability

16.1

SUBJECT TO OVERALL PROVISION IN PARAGRAPH 15.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ARAMBLA, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, CONTRIBUTORS, THIRD PARTY CONTENT PROVIDERS AND ITS LICENSORS BE LIABLE TO YOU FOR:

a)

ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

b)

ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

i.

ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;

ii.

ANY CHANGES WHICH ARAMBLA MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

iii.

THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

THE LIMITATIONS ON ARAMBLA’S LIABILITY TO YOU IN PARAGRAPH 16.1 ABOVE SHALL APPLY WHETHER OR NOT ARAMBLA HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

17.

Indemnification

17.1

You agree to indemnify, defend, and hold Arambla and its affiliates, officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all losses, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim due to or arising out of:

a)

your access or use of the Services;

b)

any violation by you of these Terms, or;

c)

your violation of any third party right, including without limitation any intellectual property right, property or privacy right or applicable laws, or;

d)

any content you submit to the Services, including without limitation, any claim by a third party that your submission of content infringes or violates such third party's rights or applicable laws.

18.

Severability

18.1

If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected in any way.

19.

General legal terms

19.1

You agree that Arambla may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

19.2

The Terms, and your relationship with Arambla under the Terms, shall be governed by the laws of Estonia without regard to its conflict of laws provisions. You and Arambla agree to submit to the exclusive jurisdiction of the courts located within the county of Tartumaa to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Arambla shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.